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LEGALTECH AND EDI FEBRUARY 18, 2016

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MALSP LUNCH AND LEARN:

TAKEAWAYS FROM LEGALTECH AND EDI

FEBRUARY 18, 2016

(2)

INTRODUCTIONS

LEGALTECH TAKEAWAYS

EDI TAKEAWAYS

QUESTIONS

(3)

INTRODUCTIONS

LEGALTECH TAKEAWAYS EDI TAKEAWAYS QUESTIONS

• Licensed attorney with over 5 years of ediscovery experience

• Specializes in designing and implementing custom reusable ediscovery workflows for enterprise clients, including complex data handling for ediscovery and compliance purposes and data migration between ediscovery platforms.

• Experienced in troubleshooting some of the most complex technical ediscovery challenges.

ALEX SHUSTERMAN

Consultant

BEAU HOLT

Vice President of Service Delivery

• Attorney with over 15 years litigation and

discovery experience as member of K&L Gates

• 12+ years of experience managing multi-year antitrust cases in the US and EU, decade-long serial litigations in state, federal and non-U.S.

courts, and large merger/HSR-related matters requiring coordination and execution of litigation holds, collections, review and production

• Oversees all Lighthouse service delivery teams,

including project management, solutions analysts,

and processing/production personnel

(4)

• The largest gathering of ediscovery and legal technology professionals each year

• Brings together corporations, law firms, vendors, and software providers to discuss the latest trends, controversies, and technology in the space

• Consists of:

• Keynote sessions

• Breakout presentations

• Exhibit hall

• Networking

• This is the largest conference that Lighthouse and most other ediscovery professionals attend each year

• Lighthouse along with numerous other vendors held panel sessions outside the main conference

INTRODUCTIONS

LEGALTECH TAKEAWAYS

WHAT IS LEGALTECH?

EDI TAKEAWAYS

QUESTIONS

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INTRODUCTIONS

LEGALTECH TAKEAWAYS

KEY TRENDS

EDI TAKEAWAYS QUESTIONS

Information Governance

eDiscovery Information

Security

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EDISCOVERY

• Updates to the Federal Rules of Civil Procedure, invalidation of EU-US Safe Harbor, technology changes, and proliferation of data sources are constant challenges.

• Analytics and things like Technology Assisted Review are acceptable and you don't need to disclose the kitchen sink.

• Gartner has said that by 2017, 33% of Fortune 100 organizations will have

experienced some kind of an information crisis due to the inability to ineffectively value, govern, and trust their enterprise data.*

• Collaboration is key, now more than ever!

• Business owners, IT, legal and the C-suite need to be communicating with each other to stay on top of changes impacting ediscovery

*HTTP://WWW.GARTNER.COM/NEWSROOM/ID/2672515

INTRODUCTIONS

LEGALTECH TAKEAWAYS

INTERSECTION OF IG, IS, AND EDISCOVERY

EDI TAKEAWAYS

QUESTIONS

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UPDATED FEDERAL RULES OF CIVIL PROCEDURE

Rule 26(b)(1) – Parties can obtain data that is relevant to any party's claim or defense and is proportional to the needs of the case.

• Effectively eliminates fishing expeditions.

Rule 37(e) – Updates are now intended to make very clear that sanctions are only to be imposed in exceptional circumstances.

• What is an exceptional circumstance? When intent to destroy information can be shown.

EU-US SAFE HARBOR PROVISION

• Does not exist anymore – invalidated in the fall and have been awaiting updates from the EU data protection authorities.

• An EU-US Privacy Shield has been announced, but not many details yet.

• Main takeaway: We don't have enough information yet about what is coming and the impact it will have on operations.

INTRODUCTIONS

LEGALTECH TAKEAWAYS

FRCP AND EU-US SAFE HARBOR

EDI TAKEAWAYS

QUESTIONS

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INFORMATION GOVERNANCE

• Information governance is not just an effort to find and delete data that you do not need.

• Find value in your business

• Mitigate risk

• Reduce overall cost

• Many organizations do not want to undertake the effort for a myriad of reasons…

• Past failed attempts influencing future action

• Lack of understanding as to the value

• Disagreement as to where to start the process

• Start with manageable pieces, smaller in size, focused on the most high-risk sources of data first.

• Have the conversation with the right people in the room.

INTRODUCTIONS

LEGALTECH TAKEAWAYS

INTERSECTION OF IG, IS, AND EDISCOVERY

EDI TAKEAWAYS

QUESTIONS

(9)

INFORMATION SECURITY

• Knowing what your data sources are and where they reside provides key intelligence for understanding how to protect them.

• The crown jewels

• Shadow IT

• Eric O'Neill, former FBI counter-intelligence expert, dispelled with the notion of the

"hacker" and suggests that hackers are just the next evolution of spies.

• Three types of modern day spies:

• Trusted insiders

• Government spies

• Hacktivists

• Know where your data is and know your blind spots – a successful Information

Security policy mitigates risk and can protect your company's most important assets.

INTRODUCTIONS

LEGALTECH TAKEAWAYS

INTERSECTION OF IG, IS, AND EDISCOVERY

EDI TAKEAWAYS

QUESTIONS

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ILLUMINATIONS PANEL: BUSINESS INTELLIGENCE AND EDISCOVERY

• There is a lack of consistency and transparency in ediscovery case reporting necessary to forecast and plan projects as well as drive standards.

• Define the metrics you need at a program level to ensure consistency in the reporting you get across matters and providers.

• Not all tools and providers can easily provide the same level of transparency.

• Work with internal finance teams to analyze the data that comes in from your tools and vendors.

• Normalize the vernacular across tools and vendors

• Utilize key partner(s) to drive uniformity of review workflow and coding templates

• Finance can help you aggregate the information and compare

INTRODUCTIONS

LEGALTECH TAKEAWAYS

EDISCOVERY REPORTING AND ANALYTICS

EDI TAKEAWAYS

QUESTIONS

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• The preeminent destination for legal technology’s seminal minds to share, grow, and contribute to the future of the industry

• Brings together high-level decision makers from legal, technology, and information governance

• Attendees include members of the federal and states judiciary, regulatory agencies, law firm attorneys and hundreds of in-house attorneys and legal professionals

• Consists of:

• Panel sessions

• Breakout presentations

• Workshops

• Networking dinners

INTRODUCTIONS

LEGALTECH TAKEAWAYS

EDI TAKEAWAYS

WHAT IS EDI?

QUESTIONS

(12)

• Rule 26(b)(1) change regarding proportionality

• Reporting and BI was topic of multiple break-out sessions and the lack of a good solution in 2015 was he most common pain point among attendees

• Uniformity of review workflows, review coding layouts and terminology

• Web-based access preferred

• Predictive Coding has reached critical acceptance levels

• Adoption of next gen use cases increasing

• Adoption of Predictive Coding Validation methodology spreading

INTRODUCTIONS

LEGALTECH

TAKEAWAYS

EDI TAKEAWAYS

QUESTIONS

(13)

Questions?

(14)

Alex Shusterman

ashusterman@lhediscovery.com 206-535-6571

Beau Holt

bholt@lhediscovery.com

206-535-6559

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